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Can a home care agency make caregivers sign a non-compete in Idaho?

Last verified October 17, 2026 · All Idaho resources

Generally enforceable if reasonable. Idaho's statute expressly allows non-competes for key employees, with presumptions that 18 months or less and the employee's service area are reasonable. Employees in the top 5% of pay are presumed to be key employees. Typical hourly caregivers are unlikely to be key employees, so any covenant with them would be judged under general reasonableness rules rather than the statute's presumptions. There is no wage threshold.

Status Generally enforceable if reasonable
Statute Idaho Code §§ 44-2701 to 44-2704

What about a client hiring your caregiver directly?

That is usually handled in the client service agreement, not the caregiver's contract: some agencies charge a placement or conversion fee if a client hires a caregiver directly. Whether that clause is enforceable is a contract question, so have a local employment lawyer review it.

What should you confirm?

How Idaho courts treat non-competes with non-key employees comes from a law firm survey, not the statute.

General information, not legal advice.

Sources

More for Idaho

Non-compete rules by state: other states

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